THE HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA

CIVIL MISCELLANEOUS APPEAL No.203 of 2024

JUDGMENT

This Appeal is filed against the Order dated 28.02.2024 passed by the II Additional Chief Judge, City Court, Hyderabad (for short, the trial Court), in I.A.No.1547 of 2019 in O.S.No.470 of 2013. By the order impugned, the trial Court dismissed the Application filed by the appellants/defendants under Order 9 Rule 7 of Code of Civil Procedure , to set aside the ex parte order dated 06.02.2015. For the sake of convenience, the parties will be referred to as they were arrayed before the trial Court.

2. Heard Mr. G. Shashidhar Reddy, learned counsel for the appellants/defendants; and Mr. T.S. Murthy, learned counsel for the respondent/plaintiff. Perused the record.

3. Brief facts of the case are that the defendants executed a registered Agreement of Sale vide Document No.2968/2008 dated 03.11.2008 for sale of a Flat of 1793 Square Feet in Vijetha Fortune, Narayanaguda, Hyderabad, by receiving a Sale consideration of Rs.39,00,000/- out of the total sale consideration Rs.40,00,000/-, and as per Clause No.3 and 4 of the Agreement of Sale, the defendants are required to deliver the possession of the sui